of July 18, 2004 No. 305-Z
About notariate and notarial activities
It is accepted by the House of Representatives on June 22, 2004
Approved by Council of the Republic on June 30, 2004
This Law determines legal, organizational, social and economic basis of activities of notariate, task and the principles of notarial activities in the Republic of Belarus, and also governs the relations in the field of implementation of notarial activities.
The notariate in the Republic of Belarus includes notaries, authorized officers of local executive and administrative organs (further - authorized officers), diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of the consular establishments of the Republic of Belarus (further, unless otherwise specified, - officials of foreign institutions) providing protection of the rights and legitimate interests of citizens, including individual entrepreneurs (further, unless otherwise specified, - citizens), and legal entities, state interests by making of notarial actions on behalf of the Republic of Belarus.
1. The legal basis of activities of notariate is constituted by the Constitution of the Republic of Belarus, this Law and other acts of the legislation, and also the international agreements of the Republic of Belarus.
2. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law are applied rules of the international treaty.
1. Notarial activities are understood as making on behalf of the Republic of Belarus by notaries, authorized officers, officials of foreign institutions of the notarial actions provided by this Law and other acts of the legislation, and also international treaties of the Republic of Belarus.
2. Notarial activities are not business activity.
Tasks of notarial activities are:
ensuring protection of the rights and legitimate interests of citizens and legal entities, state interests by making of notarial actions;
the notarial certificate of transactions, the indisputable rights and facts for the purpose of giving to them of legal reliability and ensuring stability of civil circulation;
rendering legal aid according to the procedure, established by the legislation;
forming of respect for the law.
Notarial activities in the Republic of Belarus are based on the principles of legality, impartiality, independence, providing notarial secret.
1. Notaries, authorized officers when implementing notarial activities are guided by the Constitution of the Republic of Belarus, this Law and other acts of the legislation, and also international treaties of the Republic of Belarus.
2. Notaries, authorized officers shall refuse to citizens and legal entities making of notarial action in cases, stipulated in Item 1 article 71 of this Law.
1. Notarial activities are performed on equal terms for all citizens irrespective of floor, race, nationality, origin, property and official capacity, the relation to religion, political and other convictions, belonging to public associations, other circumstances, and for legal entities - irrespective of pattern of ownership, subordination, form of business, other circumstances.
2. Notaries, authorized officers have no right to make notarial actions which results are of valuable or other private interest to them.
Notaries, authorized officers have no right to make notarial actions on the name and on its own behalf, addressed to and on behalf of the spouse (spouse), his (her) and relatives (parents, adoptive parents (adopters), children including adopted (adopted) of brothers and sisters, the grandfather, the grandma, grandsons).
Notaries have no right to make notarial actions also addressed to and on behalf of notaries and employees of the relevant notary office, notarial bureau.
Authorized officers have no right to make notarial actions also addressed to and on behalf of the relevant local executive and administrative organ and employees of this body.
3. In the cases specified in Item 2 of this Article, notarial actions are made by the notary of other notary office, notarial bureau or the authorized officer of other local executive and administrative organ.
1. In the activities notaries, authorized officers are independent and submit only to requirements of the legislation.
2. Illegal impact on notaries, authorized officers in case of execution of the obligations assigned to them by them are not allowed and attracts the responsibility established by legal acts.
1. The notarial secret is data on committed notarial action, and also other data received during the making of notarial action or the address to the notary, the authorized officer of the interested person including on its personal non-property and (or) property rights and obligations.
Notaries, authorized officers shall observe notarial secret.
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